Mapisa-Nqakula refers Hlophe misconduct findings to Parly Justice committee

The finding against Western Cape Judge President John Hlophe relates to the complaint that he tried to influence the outcome of a pending Constitutional Court judgment involving corruption charges against former President Jacob Zuma.

FILE: Western Cape Judge President John Hlophe. Picture: GCIS

CAPE TOWN - National Assembly Speaker Nosiviwe Mapisa-Nqakula said that she had referred the gross misconduct finding against Western Cape Judge President John Hlophe to Parliament’s Justice portfolio committee.

She told the National Assembly programming committee on Thursday that he was doing this on the advice of Parliament’s legal services.

The finding against Judge Hlophe relates to the complaint that he tried to influence the outcome of a pending Constitutional Court judgment involving corruption charges against former President Jacob Zuma.

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The Judicial Service Commission recently upheld – by a majority of eight to four – the Judicial Complaints Tribunal’s April decision that Hlophe was guilty of gross misconduct.

Hlophe’s fate now lies in the hands of Parliament.

On Thursday morning, Mapisa-Nqakula mapped out the process to be followed, after she took legal advice on the matter of his pending impeachment process.

"They have since come back with this advice that we refer this matter to the Justice portfolio committee and then the committee will consider the procedural aspects of the matter and report to the House and then if we're happy there will be a vote in the House and of course a removal of a judge will require a two-thirds majority."

Mapisa-Nqakula said that the Judicial Service Commission’s report, as well as the majority and minority reports of the Judicial Complaints Tribunal, will now be forwarded to the Justice committee for its attention.

Judge Hlophe is the first judge in democratic South Africa to face impeachment proceedings.

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